Jarret P. Hitchings
Partner
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Phone: +1 302 657 4952
Fax: +1 302 397 2740
- Duane Morris LLP
222 Delaware Avenue, Suite 1600
Wilmington, DE 19801-1659
USA - Duane Morris LLP
30 South 17th Street
Philadelphia, PA 19103-4196
USA
Jarret P. Hitchings practices in the area of commercial finance and corporate restructuring. Mr. Hitchings regularly represents business debtors, committees, lenders, trustees and creditors, particularly with respect to bankruptcy, insolvency, and distressed-asset litigation. He also counsels agents, lenders and borrowers in financial transactions, and lenders, servicers, corporations and management in connection with governance issues and commercial disputes.
Mr. Hitchings has extensive experience practicing before each of the Delaware courts, including the United States Bankruptcy Court for the District of Delaware and the Delaware state Court of Chancery, which are both preeminent corporate law venues. He also appears regularly on behalf of clients in other principal commercial bankruptcy venues including the Southern District of New York and the Southern District of Texas.
In addition, Mr. Hitchings has an active cross-border insolvency and restructuring practice focused on Chapter 15 of the United States Bankruptcy Code. He has experience representing official foreign administrators and liquidators for a variety of entities and investment structures with respect to main and ancillary insolvency matters in the United States.
Mr. Hitchings graduated magna cum laude from Villanova University School of Law, where he was elected to the Order of the Coif, and the Pennsylvania State University.
Areas of Practice
Bankruptcy Law & Litigation
Commercial Finance
Corporate Litigation
Representative Matters
- Lead U.S. counsel to foreign representatives and joint administrators of Guernsey holding company in connection with chapter 15 recognition proceedings in the United States.
U.S. counsel to foreign representatives and joint official liquidators for Cayman Island hedge fund in connection with the administration and wind-down of chapter 15 cases for feeder-fund affiliates.
- Lead counsel to assignee with respect to assignment and liquidation of assets for the benefit of creditors of retail manufacturer.
- Counsel to first lien bank group in the closing of a debt restructuring and equity transfer involving Atlantic City casino resort.
- Lead counsel to restaurant chain debtors in chapter 11 reorganization.
- Lead counsel to secured lender in chapter 11 reorganization and refinancing of major office building property.
Lead counsel to energy logistics company in chapter 11 cases of oil exploration and production companies.
- Lead and Delaware counsel to lenders in connection with debtor-in-possession financing in major retail and pharmaceutical cases.
- Co-counsel to the official committee of unsecured creditors in chapter 11 reorganization of international metals company.
- Lead counsel to software development company in connection with auction and sale of licensing and publishing assets.
- Lead and Delaware counsel to shopping center landlords in connection with numerous retail bankruptcy cases.
- Counsel to purchaser and its joint venture partners in securing the highest bid for purchase of Montana resort.
- Lead counsel to lender and special loan servicer in connection with state law commercial loan default and foreclosure litigation.
- Lead counsel to Spanish pharmaceutical company in fiduciary duty litigation against portfolio company.
Admissions
- Delaware
- Pennsylvania
- U.S. District Court for the District of Delaware
- U.S. Bankruptcy Court for the District of Delaware
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. Bankruptcy Court for the Eastern District of Pennsylvania
- U.S. Court of Appeals for the Third Circuit
Education
- Villanova University Charles Widger School of Law, J.D., magna cum laude
- Order of the Coif - The Pennsylvania State University, B.A.
Experience
- Duane Morris LLP
- Partner, 2021-present
- Associate, 2013-2020 - Whiteford, Taylor & Preston LLC
- Associate, 2010-2013
Professional Activities
- INSOL International, Member
- American Bankruptcy Institute
- Newsletter Editor for the Emerging Industries and Technology Committee
- Advisory Board Member for the Mid-Atlantic Bankruptcy Workshop
Selected Publications
- Co-author, "Rejection of FERC-Regulated Agreements: Is In re Ultra Petroleum the Last Word?" American Bankruptcy Institute Journal, February 2021
- Author, "Chancery's Narrow Construction of Forum Selection Clause Preserves Venue of Fiduciary Duty Litigation in Del.," Delaware Business Court Insider, June 24, 2020
- Co-author, "Sympathy for the Debtor? Not When It Comes to Student Loans," Law.com, November 14, 2019
Author, "Don't Be a Maverick: Chancery Reinforces Limits on Attorney-Client Privilege," Delaware Business Court Insider, August 21, 2019
Co-author, "Limitations on the Utility of Testimony Elicited During a Section 341 Meeting," The Legal Intelligencer, May 23, 2019
Co-author, "Approval of Fee Defense Provisions in Retention Agreements Post-'ASARCO'," The Legal Intelligencer, February 15, 2018
- Co-author, "Court: Debt to Paramour Obtained by Fraud Partially Nondischargeable," The Legal Intelligencer, October 6, 2017
- Co-author, "One Contract, Indivisible, With Defenses and 'Kiwi' for All," The Legal Intelligencer, July 3, 2017
- Co-author, "Pssst, Can You Keep a Secret? Unperfected 'Secret' Liens as a Preference Defense," American Bankruptcy Institute Journal, June 2017
- Author, "Colleges Should Note A New Trend Among Bankruptcy Trustees," Law360, October 12, 2016
- Co-author, "A Tale of Two States: Puerto Rico and Chapter 9," The Legal Intelligencer, June 30, 2016
Selected Speaking Engagements
- Panel Speaker, "Beyond the Surface of Venue: Real World Bankruptcy Practice in 2018," National Conference of Bankruptcy Judges, 2018 Annual Meeting
Presenter, "Key Issues in Distressed Debt, Workouts, and Restructurings: Practical Guide," The Knowledge Group, Webcast, October 10, 2019